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HomeMy WebLinkAbout19570909_regular4 ' Bank's motion for payment of $575.97 to Suburban Hennepin County Relief Board. for its July statement, and for payment of the following Claims as per Pre-List dated August 26, was seconded by Tupa and carried: 4 General Fund ----- $13,262.97 Park & Park Const. Water Fund 2,465 50 TOTAL $371,804.65 Liquor Fund ------ $27 , 295 . 13 PIR, Spec.Assess.& Const. Fund 270,461 50 Sewer Rental 1 y 965 057 Funds 30,631 . 57 POW FwdS 25,722041 POLTCY OF DEVELOPERS FINANCING THEIR OWN IMPROVEMENTS was once discussed, pursuant to a comment by Trustee Fronk, who explained that in the last week he has had calls from developers who state they have filed plats but have had no information that they will have to pay for sewer and water. Mr. Hyde reported that he written to all developers who had filed preliminary plats; that he expects to have a report to the Council very shortly on estimated costs of these utilities in large plats. There being no further business to come before the Council Bank moved for adjournment. Motion seconded by Tupa and carried. Meeting adjourned at llt20 P.M. Village Clerk MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HEID MONDAY, SEPTEMBER 9, 1957, AT 7~30 P.M., AT THE VILLAGE HALL. Members answering Rollcall were Dickson, Tupa and Fronk. until Mayor Bredesen arrived. Fronk presided Tupa's motion for approval of the Minutes of the August 26th Meeting, as submitted, was seconded by Dickson and carried. BUDGET FOR THE YEAR 1958 was presented by Manager Hyde. that budget be referred for Council's further consideration, was seconded by Dickson and carried. Tupa's motion DIRECTIONAL FLON INTERSECTION AT W.63RD STREET AND HIGHWAY NO. 100. Mayor Fro Tem Fronk introduced Mr. E. J. McCubrey, District Engineer, Minnesota Highway Department, who explained the proposed plan in some detail. Mr. McCubrey told the large audience that the plan now being presented to the Council is a "Preliminary or General Plan of Proposed Directional Flow Intersection'"; that it is customary for the Highway Department to present such a preliminary plan to municipalities for their consideration before going ahead with expenditures for detailed construction plans. He stated that the plan has been designed to accommodate traffic estimated for 1975; that highway construction is aimed at this goal so that it will be unnedessary to enlarge highways between now and then. "directional flow" intersection differs from the "cloverleaf" in that traffic wishing to turn left actually does turn left in the "directional flow", whereas on a "cloverleaf" traffic must go to the right in order to turn left. He stated that the directional flow is the modern type of intersection; that there are a number throughout the country, now, although he cannot think of one in Minnesota; that this type of intersection is much easier for traffic to negotiate than the cloverleaf; that the Highway Department staff feels this is the type of intersection which the State must have at this location within the next fifteen years. Mr. McCubrey stated that the area necessary for a directional flow intersection is about the same as that required for a cloverleaf. he was requesting Village Council approval so that the State may proceed with detailed design, which will go along with the complete design of Normandale Road from W.48th Street to W.79th Street. Mr. Fronk, in opening the meeting to questions from the floor, asked Vi. McCubrey just what he considers to be the additional expense of constructing an intersection of the directional flow type, over that of a conventional cloverleaf. the directional flow will cost about 1/3 more than the cloverleaf. Bronk then asked, "AS I understand it, the amount of land required for a directional flow intersection does not exceed the amount of land required for a cloverleaf, except that the land to be acquired would be in a different direction. Is that right?" Mr. McCubrey answered, "Practically right , yes. Because in the cloverleaf we must take land outside the legs." Kr. Fronk then asked Mr. McCubrey to explain to the audience "what the.xost of the He told the audience that the He stated that in presenting this plan wn-this evening Mr. McCubrey answered that his "wild guess" would be that Mr. intersection will be Mr. MqCubrey,,answered that, to the best of his fto the Village. .. . the Village is beinq asked to assume no part of the cost. must drive to get back to where he wants to go, should he make the wrong turn; and, second, how a pedestrian is to cross the intersection. matters will be worked out in detailed planning; that, concerning pedestrians, it must first be ascertained that a pedestrian crossing is warranted. An inguiry was made as to the elevation of the East road, and whether it would be higher than surrounding homes. Bridge the East road will be 20 feet below the present grade of Normandale Road; at 500 feet East of the bridge the road will be at grade; then there is a fill of approximately nine feet, tabling off to about five feet, until, at Concord Avenue the East road will cross at practically its present grade. the Southease bridge it will be three feet above the natural ground; that at about 800 feet East there will be a fill of twenty-four feet. Ilk. Dahl, 6220 IQrnan, asked, "How definite are plans for this intereection?" He explained that his reason for asking the question is that the Village had reserved a strip against building, then relaxed its restrictions; that now several homes had been built within the last year, which are to be taken under this new plan. Mr. Fronk replied that the amount of >land and number of homes which will be taken for this type of intersection does not differ materially from that which would be taken for the conventional cloverleaf; that apparently the number of homes required would be comparable under both systems. construction, and Nr. bkCubrey replied that construction should start about July 1, 1958, should Council now approve the plan; that Highway Department intends to pmoceed with condemnation very shortly. ktr. R.L. Marthia, 5126 Roberts Place, reminded Council that the last four houses constructed in his block will be taken by this intersection; that these lots were not included in the original "cloverleaf" plan, Nr. Leonard Gebo inquired as to whether the Highway Department has any control over issuance of building permits and was informed by Mr. ElcCubrey that the Department has no control until it acquires the property. Mr. Gebo then inquired as to why he has been sent to the Highway Department with regard to * a proposed building,permit for the corner of Sherwood Road and Eden Avenue. btanager Hyde explained that there is no ban on permits in this area; that it is the policy of the Village Council, when it is known that the State Highway Department contemplates construction in any area, to refer prospective builders to the Department for information concerning their properties. was confirmed by Mayor Pro Tern Fronk, relaxation of the building ban, Mr. Hyde explained that the Highway Department's plans have changed only recently; that the plan presented tonight has been before the Council only two weeks; that if some permits have been issued and houses constructed, the blame should not be upon the Village. confirmed this statement. Mr. John Stageberg, 6112 Virginia Avenue, inquired, first, as to how far one The reply was that these Mr. NicCubrey stated that at the Northeast On an inquiry,as to grade of the West road, Mr. McCubrey explained that at I Tb. Keith colby, VJ.62nd Street, asked for beginning and completion dates for This statement In answer to Kessrs. Marthia's and Colby's and Dahl's inquiries about the Mayor Pro Tern Fronk Bayor Bredesen entered the meeting and this time and presided for the balance of the evening. .. Er. Kim, 6336 Tingdale asked for the elevation above sea level of the proposed crosstown highway at 63rd and Tingdale, now proposed". Northwest quadrant, and was told that this is the outside right-of-way line along the turn-off. Mr. McCubrey explained that the plan shown tonight is a preliminary layout; that it may be larger than will prove necessary in detail planning; that the green area is the area now proposed to be taken for right-of-way. as ten feet to the roadway, Mr. hlcCubrey replied in the negative. between Valley View Road and West end of Highway. profiles, Mr. KcCubrey advised that Highway will hit Valley View about at grade, providing he is correct in his reading of the plans; that the right-of-way will be approximately 300 feet. On a question by Mr. McCloud, 6305 concord Avenue, as to "Just what juris- diction does the Council have over this intersection?", h?r. h4,cCubrey replied, Re answer was "93& Ft. as hfrc. Westerberg,6301 Tingdale inquired about the green area shown in the On an inquiry as to whether the State will allow a home to remain as close hk. J.P. Engquist, 6212 Wpan Avenue, inquired as to the grade adjustment Upon a hasty review of the . "I can tell you that. build. He went on to traffic; that the pro Unless your Council approves the plan the State cannot state that some provision must be made for handling the . jected volume of traffic on Normandale Road is 12,785 vehicles per day, each way, in 1975; that this present proposal is the smoothest way of taking care of the traffic. figures take into consideration the moving of the beltline West and the fact that Normandale is a 40-mile highway with intersections at every block. MI. ElicCubrey stated he believes traffic projection figures have been made with all other roads in place. A question was raised as to whether these , , ,-, I - .. , , . "' .. . Mr. John Sigvertsen, 6400 Shenvood Ave., asked whether the Highway Department has definitely rejected the original cloverleaf . Manager Hyde explained-that the original cloverleaf was planned in connection with,the proposed crosstown highway; that, subsequen'tly, the Highway Department has employed consulting- engineers for Highway #LOO; that these engineers.presented one cloverleaf which was not honored;-that an elongated cloverleaf was presented and rejected this spring; that-this present plan has received Highway Department approval. An inquiry was received as to whether the State intends to go through with its intersection regardless of the status of crosstown highway plans, and whether the Village intends to go along with the State on building its own road. is that the county will put money into its budget for acquisition of land in 1958; that the County will purchase right-of-way from the Railroad Tracks East to Xerxes Avenue and Ilillage will acquire land West of railroad tracks (which includes two small homes, but most of which is now vacant and which it is proposed to acquire upon filing of plats, by dedication). Mr. E.C. Stow asked why the Highway Department is pushing W.62nd Street rather than W.50th Street, when there is so little traffic at 62nd and so much at 50th. Mr, McCubrey replied that there is no traffic at 62nd because there is no road; that the 50th Street intersection is also on the designing board, damage a lot more property than a cloverleaf; that there will be more people close to the roadway and that it will depreciate the values of real estate. He asked that the Council refuse to be stampeded into an approval this evening . Mr. Hyde asked Mr. McCubrey concerning relative speeds on the cloverleaf versus those of the directional flow intersection; and Mr. McCubrey answered that on the directional flow it is unnecessary to reduce speed at all when turning. Zimmerman (while County 'Engineer) had told an Edina audience in public meeting that the cloverleaf at Highways #lo0 and #12 consumed nine acres, asked FrTr. McCubrey what the directional flow intersection will take. Mr. RcCubrey corrected Mr.Dunker, stating that the aforementioned cloverleaf consumes 49 acres; that he knows because he purchased them; that he believes the over-all land consumption will be about the same for the directional flow as for the modern type cloverleaf; that another directional flow is being planned for Highways #8 and #10 in Northeast Minneapolis. ' Manager Hyde explained that the most recent word from the County Mr. Stow stated that in his opinion an intersection of this kind will Mr. Ralph Dunker, 4624 Valley View Road, stating that State Engineer Mr. Theory, Abercrombie Drive, inquired concerning the width of Normandale, ' South of the proposed intersection, and was told that No. 100 will remain more or less on its present centerline, being a four-lane highway, with another lane planned for either side, if it becomes necessary; that right-of-way will remain in its present position. Highway Department in acquiring the land. as the Department has the Village council's approval, it will proceed with acquisition; it will take approximately 90 days to run down titles; then, an agent will contact owners to see what their property is like and to get a full description of it; then proceedings in condemnation are started, in District Court; the Court appoints three appraisers, after a public hearing for which owners will receive notice served by the Sherriff's Office. will conduct informal hearings with the owners, probably on the ground; then, at their pleasure--which is usually promptly--they will make their report to the Court. Cwners will then be notified that they have 30 days to either accept or reject an offer. If offer is accepted, check will be mailed within thirty days; if rejected, owners have right to appeal to District Court. Er. McCubrey told the audience that home owners within the area will be given a reasonable time in which to move; that, if they wish to move their houses to another location they should make their wishes known, and that settlement will be made taking this into consideration; that, after condemnation proceedings are over, buildings are offered for sale at public auction. given construction will start. six months. highway is being constructed for the convenience of Southdale, Kr. McCubrey repliedkthat it is the responsibility of the Highway Department to provide for traffic, be it the result of a shopping center, a terminal, or a large residential section . and Mr. G.T, Kesler, 6124 Normandale, all stated that their properties are worth- less until they know what is to be done. They asked dhat somethinq definite be done--either cloverleaf or the other plan, so that the matter be settled. I- Mr, Hopkins, 63rd and Ryan, inquired about the procedure followed by the Mr. McCubrey replied kthat as soon The appraisers Mr. Frazer, 64th and Ryan asked how long after Council 6s approval is Mr. McCubrey stated he felt it would be about To the contention of Mr. Glomsrud, 4704 Virginia Lane, that the crosstown Kr. H.B.Smith, 4933 Portland Ave, owner of property in Broadview, Br. Hopkins, _).. . 1- .- . L .a. . * x4gj -*L**** .- 9;/9/57 - Normandale Lutheran Church was represented by Dr. Higgins and fifr, Hugh fLdciillan, who stated that their building program awaits decision on the Highway. ?hey asked, "rr;hat.is going to happen at Valley View Road and Normandale?" Mr. f-TcCubrey explained in some detail, stating he believes ValJey View Road will dead-end at Normandale. for access to the schools, and Mr. tAcCubrey stated he believes service-roads will be provided on both sides of the highway. Mr. F4diillan expressed himself as being interested in the area between this presently considered facility and the proposed facility at Eden Avenue, stating he would like to get some answers. of underpass-overpass as those planned for 62nd Street at Xerxes and France Avenues. not yet been presented to the Council by the County. Manager Hyde asked Mr. McCubrey how long it will be begore the Department has Orr Engineering Company's plans on the whole route, including the 70th-72nd Street Interchange. He suggested that it might be well to hold action on this presently considered project until the entire plan can be presented, including comparative costs of modern cloverleaf versus directional flow interchange, comparative land acquisition. Wr. Mddiillen asked if service roads will be provided Mr. Harley Hyre inquired as to whether this intersection is the same kind Fllr. Hyde replied that plans for these latter two intersections have far. Dah1 asked for an expression of opinion by the Council. Trustee Fronk explained once again that the plan is almost as new to the Council as it is to the audience; that he feels the Council needs more infor- mation before taking action. proposed Directional Flow Intersection at 63rd Street and Normandale Road until such time as detailed information is available as to comparative costs and necessary land acquisition for directional flow intersection versus cloverleaf, and general information is submitted by the Highway Department on its plans for Highway No. 100 between V?,48th and W.79th Streets, including proposed service roads abutting the Highway, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STORM =VER IMPROVEMENT NO. 35. Clerk submitted Affidavit of Publication in Edina-Morningside Courier August 22nd and 29th, of "Notice of Hearing", which affidavit was approved as to form and ordered placed on file, A plat of the proposed Assessment District, also showing the route of the storm sewer, was shown; and Manager Hyde read the Tabulation of the Assess- ment at $91,988.01, as against 6,067,811 Assessable Square Feet, for $001!316 per Square Foot, compared with Improvement Hearing Estimate of $.01316. then presented to the Council a petition received this morning, carrying names of owners of 98 properties within the proposed assessment district, protesting the proposed method of assessment. contention of your petitioners that the benefit of the storm sewer project falls to a greater degree upon the Birchcrest Additions than to the surrounding area. Since special assessments must be based upon the special benefit to the property involved and must be measured by the enhancement of the property value resulting therefrom, it is the contention of your petitioners that any special assessment proposed would be unfair and unreasonable in so far as it contemplates equal assessment for the entire proposed assessment area". Petition went on to ask that "the total cost of the project should be divided into two equal parts, one- half of the total cost should be assessed to the Birchcrest Additions and the other one-half of the total cost should be assessed against all of the property within the assessment district, including the Birchcrest Additions, on a square foot basis". as a matter of information, relative assessments had been calculated in accord with petition and that if petition is honored the assessment for the Birchcrest Additions would be increased to $.03264 per Square Foot, the balance decreased to $.00758 per Square Foot. Attorney Jack Brown, 5$108 Benton Avenue, and Mr. Thomas Evans, 5816 Code Avenue, representing the petitioners, supported the petition by the use of two aerial photographs and an overlay, in attempting to prove that reclamation of swamp land by the developer of the Birchcrest Additions by the re-routing of surface waters and the changing of Ponds A and B in the area dhas made the storm sewer necessary and that the storm sewer results in more benefit to the Birchcrest areas than to the balance of'the proposed assessment district. Dr, D. AI. LlcCampbell, 6004 Birchcrest Drive, Mr. James Kelly, 6816 Birch- crest Drive, and Mr. R.M. Sinks, 6012 Code Avenue--all residents in the Birchcrest Additions--protested that their properties receive no more benefit from the improvement than any other properties in the area; that, while they will not protest an equal assessment they will most certainly protest such an assessment as is advocated by the petition. 55r. R. A. Dolz, 6317 Warren Avenue, objected that the water from his property drains away from the storm sewer, rather than into it; and Consulting €ngineer Balich agreed that the direction of flow divided at Warren Avenue; that the boundary line of the assessment district should be moved to the centerline Mr, Gilbert, 6324 Warren, whose property is across the street and higher than that of Mr. Dolz, protested that his property, too, should be excluded from the assessment district, but Mr. Balich remained adamant that *is side of Warren Avenue should be included, He then moved that Council defer action on the Motion seconded by Tupa and carried. Mr. Hyde . The petition stated, in part, ''It is the Rr. Hyde reported that, pursuant to receipt of the petition and ' of Warren Avenue. 9/?&7 ., '+ I-. . L. Mr. L. B. Koontz, 5129 Valley View, explained that the drainage from his . *.- property runs along the South side of Valley View Road to a pond on the East side of W.62nd Street and pockets there; that it does not drain into the storm sewer. Kr. Balich agreed, but told Mr. Koontz and.the Council that the pond about which Mr. Koontz speaks is on private property and that when the lots are filled and houses are built along Valley View Road, drainage will be into this storm sewer. Kr. A. G. Capron, 5101 W.58th Street,.complained that the drainage in this area goes to Benton Avenue and washes out this street. because of the fall from 58th Street to Benton it is true that some of the water from W.58th Street does wash down to Benton Hill, but that some of it continues South into the storm sewer recently constructed, Mr. Thomas Evans inquired as to what disposition had been made of a-letter dated Iflay 15, signed by himself and Mr. Oscar E. Johnson, 5808 Code Avenue, giving as the reason for their exclusion from the assessment district their opinion that the great majority of surface water on their properties is retained by these properties because of their saucerlike shape. Nlanager Hyde reported that, upon receipt of this letter, the two properties had been checked by the Engineers; that, said properties had been checked again before the assessment hearing this evening and that it has been determined that said properties should remain in the assessment district. for a Storm Sewer invariably involves a dispute between the owners of high lots, i- who actually have no immediate drainage problems although their water drains onto the property of their neighbors on the lower tracts, and the owners of the lower properties which have the immediate drainage problems resulting from the wash from the high lots, stated he feels that the proposed Storm Sewer Assessment should be adopted as calculated, with the exception thatkthe area abutting Warren Avenue on the East, between W.63rd and W.64th Streets, be omitted from the assessment district. and moved its adoption: 1 jGr. Balich stated that ' Trustee Fronk, explaining to the audience that the matter of an assessment ' Accordingly, he offered the following Resolution , RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT FOR STORM SEWER IMPROVEMENT NO. 35 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as f 01 lows : It is hereby found, determined and declared that the proposed assessment for STORM SEWER IMPROVEMENT NO. 35, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes Section 412.441; that notice has been duly published,as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by reso- lution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvement for which such assessment is levied-- except that the assessments proposed to be levied against Zots 15 to 28, inclusive, Block 6, Normandale Second Addition (abutting Warren Avenue on the East, between 1.63rd and W.64th Street) shall be deleted from said assessment roll as being non-benefited properties--in the amount set opposite the description of each such lot, piece and parcel of land, respectively. lots, pieces and parcels of land described in said assessment, and said proposed assessment is hereby adopted and confirmed as the proper special assessment for said Storm Sewer Improvement No. 35. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this reso- lution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. able in equal annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to August 15, 1958, to be payable with general taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all sub- sequent installments, to be payable with general taxes for the years 1958 through 1966, collectible in the respective ensuing years. 3. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. . 4. lhe Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended upon the proper 1. 2. The amounts so set out are hereby levied against the respective The total amount of each such assessment shall be pay- tax .lists-af the County, ments to be collected in nated as the "Assessment _. _... 9/9/57 .L 8. and the County Auditor shall thereafter cause said assess- the manner provided by law. Roll for Storm Sewer Improvement No. 35?, and all amounts Said duplicate shall be desig- collected in respect of the assessments therein contained shall be similarly desig- nated by the County Treasurer andxemitted to the Village Treasurer and by him credited to the BOND IT;IPROVEMENT.REDEMPTION FUND. Kotion for adoption mere four ayes and Bredesen, aye; and -. htayor Viilage Clerk PLATTING "CODE OF ETHICS" ADVOCATED. At the conclusion of the Storn Sewer No. 35 Assessment Hearing, Mr. Dahl, 6220 Wyman Avenue, advocated establishment of some kind of "Building Control Code of Ethics" to protect taxpayers on the matter of drainage control. Manager Hyde reported that developments are now being closely inspected and that, wherever drainage is a problem entirely within the boundaries of the development, platters are required to solve their drainage problems before . filing final plat. mTBLTC EARINGS ON PROPOSED IMPROVEMENTS. in Edina-Morningside Courier August 29 and September 5, 1957, of "Notice of Hearings- Sanitary Sewer and Ydidening of Street. ordered placed on file, conducted and action taken: STREET XI BENTON AVENUE. 552.11 Assessable Feet, for $7.69 per Assessable Foot. to the improvement, and none had been received prior to the Hearing. Rr. G. €. Harrison, 5905 Tingdale, inquired as to whether the Village will bear part of the assessment for its "Park". Manager Hyde replied that this land is not included as assessable in the Estimate, but that an investigation will be made to see whether it will be benefited, (See Resolutiodyof later in meeting, Ordering Improvement) . AVENUE TO VANDERVORK AVENUE. assessed against six lots, for $1,339.61 per lot. taken this morning were somewhat higher than the estimate; that about $90 should be added to the cost per lot on the basis of current bids. improvement is considered a "lateral" sewer, Mr. Hyde replied in the affirmative, explaining that sewer petitions have not been received from Vandervork and Cleve- land Avenues-that the Village has no idea whether lateral sewer will be desired for those connection 'streets. should be set up on a "connectiontt basis, with refund or cancellation of part of the assessment, later, if abutting streets petition for sewer. cussion among themselves, property owners informed the Council that they do wish the improvement, even at the high cost. Ordering Improvement). EDINA THEATRE TO FRANCE AVENUE. Manager Hyde read Mr. Martin Stein's letter asking that the Hearing be continued in order thatlJk. Stein might have more time to study the matter in its effect on Edina Theater. ?here was no one else present for the Hearing, and Fronk moved that Hearing be continued to September 23rd in accordance with Ab. Stein's request. carried. Clerk presented Affidavit of Publication Affidavit was approved as to form and Pursuant to said notice the following public hearings were 1. PUBLIC HEARING ON PROPOSED SANITARY SEWER IN TTNGDALE AVENUE FROM 1.60TH Estimate of Cost was given as $4,247.17, as against ?here were no objections 2. PUBLIC HEARING ON PROPOSED SANITARY SEWER IN DIVISION 'STREET FROM RUTLEDGE Estimate of Cost was given as $8,037.68, to be Mr. Hyde reported that bids Asked if this He stated, however, he believes the assessment After a dis- (See Resolution of later in meeting, 3. PUBLTC HEARING ON PROPOSED WIDENING OF SOUTH SIDE OF 1.50TH STREET FROM Motion seconded by Dickspn and Fronk then offered the following Resolution and moved its adoption: RESOLUTION ORDERING TMPROVEMENTS SANITARY SEWER IMPROVEMENT NOS. 134 AND 135 BE IT RESOLVED by the Council of the Ifillage of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the follow- ing proposed improvements: STREETS : CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOEOWING 1. 2, Tingdale Avenue from W.60th Street to Benton Avenue. Division Street from Rutledge Ave. to Vandervork Ave. and at the hearings held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated and shall be referred to 9/9/57 . . .. 251 in all subsequent proceedings as follows: . i NAME OF IMPROVEMENT 1 . 2. Construction of Sanitary Sewer and Appurtenances in Tingdale Avenue from W.6Oth Street to Benton Ave. - Sanitary Sewer No. 134 Construction of Sanitary Sewer and Appurtenances in Division Stree* from Rutledge Ave. to Vandervork Ave. - Sanitary Sewer No. 135 and the areas to be specially assessed therefor shall include all lots and tracts of land abutting the streets proposed to be improved, Niotion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follo kson, aye; Fronk, aye; mpa, AWARD OF BIDS TAKEN SEPTEMBER 9. taken at 11:OO A.M. today, pursuant to "Notice of Bids-Sanitary Sewer and Blacktopping" and "Advertisement for Bids-Fixtures and Equipment, Liquor Store", published in Edina-Morningside Courier August 29 and September 5, as follows: 1. SANITARY SEtERt Manager Hyde presented Tabulations of Bids ' A. In Tingdale Avenue from W.6Oth Street to Benton Avenue - No. 134 B. In Division Street from Rutledge Ave. to Vandervork Ave. - No. 135 Two bids presented, Phelps-Drake Co., Inc., being low bidder, with a Total of $10,727.50; $3,042.70 on Sewer Improvement No. 134 and $7,684.80 on Sewer Improvement No. 135. Mr. Hyde recommended award of contract to low bidder, and Dickson so moved. Company was other bidder, with Total of $11,499.10. Motion seconded by Fronk and carried. Northern Contracting 2. BLACKTOPPING: A. In Ewinq Ave. from 1q.61st St. to Dead End - No. A-105 B. In Glengarry Parkway from Eb~y.#169 to Ayrshire Blvd. - No. A-106' Three bids submitted, Craig J. Alexander being low bidder, with $3,192.50 for Street Improvement No. A-105, $4,409.00 for Street Improvement No. A-106, for a Total Bid of $7,601.50. Service Co., $8,522.50. Craig J. Alexander, and Tupa so moved. 3. FIXTURES AND EQUIPMENT-SOUTHDALE LIQUOR STORE. Manager Hyde reported receipt of three bids, as follows: Bergstedt-Nielsen, $7,300,00; Conrad Manufacturing Co., $9,500.00; Carlson Store Fixture Co., $7,921.44. He recommended award of contract to low bidder, Bergstedt-Nielsen, explaining that the work covered includes neither painting, electrical work, nor new door; that this work should be not more than $1,000, which will make the total cost under $10,000, rather than $15,000 as first estimated. that contract be awarded in accordance with Manager's recommendation was seconded by Dickson and carried. Other Total Bids--Earl Sewall, $7,668.75; Black Top Mr. Hyde recommended award of contract to low bidder, Motion seconded by Fronk and carried. Fronk's motion AWARD OF FIRE TRUCK CONTRACT POSTPONED. Manager Hyde asked for another two weeks in which to complete his recommendation for a fire truck, and Dickson. moved that Counoil delay action on this matter to September 23. seconded by Tupa and carried. Motion BUILDING PERMIT AUTHORIZED-REMOf)ELING, 6309 WATERMAN AVENUE. Mr. Do Bo Fralick, 6309 Waterman Avenue, requested permit to complete the remodeling he has begun at this address, over the property line (this is a very old house, and the actual travelled roadway is on the North side of the right-of-way); and that the Planning Commission is recommending an additional five-foot dedication for Waterman Avenue, which will make even more problems for him. Fa. Fralick explained that he is rebuilding an existing porch and doing some inside remodeling. After some discussion Fronk moved that building permit be issued, conditional upon no further encroachment of the road by this dwelling. Tupa and carried. He explained that his porch extends 2.8 feet Motion seconded by PETITIONS FOR SANITARY SEWER IN WARREN AVENUE BE'NVEEN W.63RD AND 1.66TH STREETS wefe filed. petition deadline in this case, for the reasons that this improvement has been engineered in connection with a larger improvement, property owners are having considerable cesspool trouble, and the Gas Company will not construct its mains until the matter of sewer is settled. He advocated that Council conduct a Hearing and take bids on September 23, and Fronk offered the following Resolution and moved its adoption: Manager Hyde recommended that Council make an exception of its i 252 ) BE IT RESOLVED by the 9/9/57 RESOLUTION PROVIDING FOR PUBLIC HEARGG PROPOSED SANfTARY SEWER IMPROVEMENT Council of the Villaqe of Edina: 1, ?he Village Engineer, having submitted to the council a preliminary report as to the feasibility of the proposed Sanitary Sewer Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby ap roved and directed to be $laced on file in the office of the Village Clerk, This Council shall meet on Nonday, September 23, 1957, at 7:30 P.M., in the Edina ?illage Hall, to consider in public hearing the views of all persons interested in said proposed improvement. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in'the official newspaper once a-week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following form: 2, 3. . NOTICE OF PUBLIC HEARING SANITARY SEVER NOTfCE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, September 23, 1957, at 7:30 P.M. to consider the following proposed improvement to be constructed under the authority granted by Einnesota Laws of 1953, Chapter 398. The approximate cost of such improvement 'is estimated by the Village Engineer as set forth below: EST. COST CONSlRUCTION OF VILLAGE SANITARY SE3YER AND APPURENANCES IN lHE FOLLOWING STREET: lhe area proposed to be assessed for the cost of said proposed improvement Warren Avenue from West 63rd Street to West 66th Street includes all lots and tracts of land abutking the above described street. GRETCHEN 5. ALDEN Village Clerk $33,025.49 Kotion for adoption of the Resolution w were four ayes and no nays, as follows: Dic Bredesen, aye; and the Resolution was a Village Clerk And Fronk offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SANITARY SEVER IMPROVEMENT, AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Villaqe Council of the Village of Edina: 1. The plans and specifications for the proposed Sanitary Sewer Improvement set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby ap-- roved . Courier and the Construction Bulletin the following notice for bids for said improvement: ADVERTISEMENT FOR BIDS 2. lhe Clerk shall cause to be published twice in the Edina-Xorningside SANITARY SEVER MOTICE TS HEREBY GIVEN that sealed bids will be received and'opened in the office of the Village Kanager in the Edina Village Hall, 4801 Xest 50th Street, at 11:OO A.Et., Monday, September 23, 1957; and that the Edina Village Council will meet at 7t30 P.M., on Konday, September 23, 1957, to consider said bids, being for the following: SlREETr office of the Village Clerk. of $10.00, which deposit will be refunded upon return of said plans and specifi- cations. before 11:OO A&., Klonday, September 23, 1957, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in amount of at least ten percent of amount of base bid. or all bids. CONSRUCIXON OF VILLAGE SANITARY SEWER AND APPURXNANCES IN 'THE FOLLOVJING Work must be done as described in plans and specifications on file in the Warren Avenue from Eest 63rd Street to Kest 66th Street, Plans and slecifications are available for a deposit No bids will be considered unless sealed and filed with undersigned I The Council reserves the'right to reject any BY ORDER OF lHE VIUAGE COUNCIL. GRETCHEN S. ALDEN 3, hereby adopted as the terms and conditions of award of the contract for said improvement. Village Clerk Each and all of the terms of the foregoing advertisement for bids are Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there aye; Fronk, aye; Tupa, aye; and Bredesen, aye; and the Resolution was adopted-; were four ayes and no nays, as follows: W Pit ay o r V' Village Clerk .. 25s .I - - 9/9/57 6, NATIONAL FOOD STORE BUllDfNG.AT WOODDAIE AND VALLEY VTEW ROAD was discussed at some length, Nianager Hyde reporting that Village has rejected-a-plan to locate the building at the-North lot line, abutting Fairfax Avenue, for-the reason that this would not provide adqquate off-street loading facilities; that the Village is requesting that the building be-set thirty feet farther South--which will provide for both off-street loading and for employee parking at the rear of the building. Dr. Allis, owner of the property, and the National Food representatives, protested this arrangement because it will deprive the store of parking space for twenty-nine vehicles-at the front of the store. issuance of the permit because of the bad traffic situation which'will result; with heavy semi-trailer delivery trucks using Fairfax Avenue, which is a residential street. Rssidents proposed that building be located in such a manner as to allow large trucks to maneuver within the parking lot--to drive in off either Valley View or Wooddale to the rear of the building and make a circle back, rather than to use Eairfax. resident objected to use of Valley View Road by these large vehicles. the National Foods representatives stated that loading could be accomplished as wished by the residents--but only until Dr. Allis adds to his building. Explaining to all concerned that the property is zoned 'tCommunity Store", that a grocery store is a land useage allowed in a community store district and that, therefore, the Council cannot refuse to issue a permit providing all stipulations of the ordinance are met, Trustee Fronk suggested that the neighbors, Dr. Allis and the National Foods people meet to see if "some- thing satisfactory to all'" cannot be worked out, bringing the result of their meeting back to !.tanager Hyde for his consideration. Action deferred pending such meeting. PETITION FOR VACATION OF PORTION OF GOLF TERRACE, signed by Kessrs. George Frey and Walter N. Carlson,was filed. Manager Hyde explained that this Vacation will be merely to correct an error-in legal description of the property previously vacated, and recommended Public Hearing. Fronk's motion, that Public Hearing be %scheduled for Monday, October 14, 1957, on the petition for vacation of "That portion of Golf Terrace lying easterly of Lot 1, Block 2, Golf Terrace Heights and northerly of a line running from the most northerly corner of Lot 2, Block 2, Golf Terrace Heights to a point in the South line of Lot 1, Block 2, Golf Terrace Heights to a point in the South line of Lot 1, Block 3, Golf Terrace Heights, which is 86.74 feet westerly of the Southeast corner of Lot 1, Block 3, Golf Terrace Heights", was seconded by Tupa and carried, PETITION FOR TEN-YEAR ASSESSMENT FOR CURB AND GUTTER AND BLACKTOPPING DENIED. Petition by Mr. Arthur Stringer, for a ten-year assessment for curb and gutter and blacktopping improvements in Code Avenue, was discussed; it being ascertained that a rather strict policy of a five-year assessments has been in effect in the Village for some years on this type of improvements. stating he feels that establishing a precedent for ten-year assessments would not be in the interest of the general public in view of the rapidly rising interest rate for improvement bonds, moved that the petition be denied. Motion seconded by Dickson and carried. A delegation of neighboring residents objected to One Valley View Road One of Trustee Fronk, iaATERMAIN EXTENSION REPORT, by Bannister Engineering Co., St. Paul, consulting engineers, and dated August 22, 1957, was presented to the Council by Manager Hyde, for study. PLANNING COMXISSION ACTION TAKEN AT MEETING OF SEPTEMBER 4TH was reviewed, Dickson moving that Council act in accord with Commission's recommendations, which are as follows: 1. dedication of 5 feetKor street purposes and maintenance of Lots 1,2 and 3 at 120 feet exclusive of this 5-fOOt strip. 2. 3. Plat; Rejection of request to divide by Registered Land Survey; Rejection of request for 20-foot setback for dwelling. 4. . N.C. OLMSlEAD'S PREETMTNARY PLAT ON W.SIDE OF OLTNGER ROAD, S. OF HWY #169- Approval of Preliminary, subject to inclusion of remaining 3 lots in plat. 5. REQUEST FOR DOUBLE BUNGALOW ON LOT 3, BLOCK 5, WESTCHESTER KNOLLS-Approval, subject to submission of plans for double bungalow and plans showing relation of house to lot. Public Hearing scheduled for Monday, October 14. 6. FINAL 'PLAT OF "WYMAN'S SOUIHVIEW 111"-Approval of Final Plat. 7. PRELIMINARY PLAT OF "SCOTLAND HEIGHTIS"-Approval of 'Preliminary. 8. REQUEST FOR PERMIT TO BUILD DOUBLE BUNGALOWS ON LOTS 1-5, TNCL., ROY PETERSON'S SECOND ADDITION-Denial. 9. COUNlRY CLUB FLORAL REQUEST FOR FLOWER Sm-Denial 10. REQUEST FOR PERMIT TO CHANGE STORE AT 4380 BROOKSIDETO RESIDENTIAL QUARTERS- Approval; owner to understand that re-conversion to store would be difficult to accomplish. PRELUIdINARY PLAT OF "MIRROR LAKE VfEW"-Approval of Preliminary, subject to (Street names to FINAL PLAT OF "STOW'S EDGEMOOR ADDTT1ON"-Approval of Final Plat. (be fcAvenue". PRELIMINARY PEAT OF PARCEL 1800, SEC. 33, T.117,R.21-Acceptance of Preliminary 9/9/57 11. REQUEST BY E.C. STOW FOR REZONING TO COAT.KJNI'TY STORE OF BLOCK 8, BROOKVlEpd HEIGHTS SECOND ADDITION on condition that,this property is exchanged for Block 4, Lake Edina Addition by Calvary of Cahill Lutheran Church; Mr. Stow offering to exchange the property only on condition that Block 8 is rezoned-Accepted for. further study, present to ask Council consideration of the plan, inasmuch as the Church is unable to go?€orward with its building program because of the lack of certainty about the State's Highway Plans, take action without a recommendation from the Planning commission.. FJr. Stow and two representatives of Calvary Lutheran Church were Council informed petitioners that it is unwilling to Dickson's motion for confirmation by Council of Planning Commission's September 4th recommendations was seconded by Fronk and carried. FRANCE AVENUE BRIDGE CONDEMNATION was discussed at some length, with Manager Hyde reporting on tentative settlement figures for ETessrs. Gustafson and Gaasedelen, which are considerably higher than those recommended by Village appraiser, 13r. Ed. Lorens. 'It was decided to proceed with condemnation, PURCHBE OF LOT 5, BLOCK 1, FAIRFAX ADDITION FOR PARK PURPOSES AUIHORIZED- Manager Hyde presented Purchase Agreement negotiated with owner by Parks and Recreation Director French, in the amount of $525.00, recommending that this last remaining lot be acquired at this amount. be authorized in accordance with Kanager 's recommendation, was seconded by Tupa and carried. Fronk's motion, that purchase REQUEST FOR DOUBLE BUNGALW ON LOT 18, BLOCK 9, WEST MINNEAPOLTS HEIGHTS. Rlanager Hyde reported that, through an error in this office, Lot 18 was not included in the Notice of Hearing recently made for double bungalows in Block 9; that owner wishes to construct on this lot also and is requesting a public hearing. motion for Public Hearing on September 23 was seconded by Dickson and carried. Tupa's CONDEMNATION OF SEWER EASEMENTS AUTHORIZED. Mr. Zikan requested that condemnation< of Sanitary Sewer Easements proceed at once, in order that the contractor may not be delayed. Tupa offered the following Resolution and moved its adoption: RESOLUTION FOR CONDEMNATION OF SANITARY SmTm ROAD EASEFENS %HEREAS, It is necessary, advisable and in the public interest that the WHEREAS, In order to accomplish such purpose, it is necessary to Village of Edina lay out and establish a certain sanitary sewer system and to acquire certain additional property for public road purposes; and acquire easements for sanitary sewer and public road purposes in, under and upon certain real property situate in the Village of Edina and legally described as follows, to-wit t EASEMENTS FOR SANITARY SEVER PURPOSES 1. The Easterly seven and one-half feet (Ely 7,5 ft.) of Lot Tvtelve (12), Block Seven (7), Brookview Heights Second Addition, according to the recorded plat, together with a temporary construction easement for all necessary ingress and egress and the placing of all necessary tools and equipment over the Easterly seventeen feet (Ely 17 ft.) of said Lot except the most Easterly seven and one- half feet (Ely 7.5 ft.) thereof, and further excepting from said temporary ease- ment all permanent structures, said temporary construction easement to automatically cease and terminate upon the termination of the sewer project or not later than eighteen (18) months from the date hezeof. 2. Seven (7), Brookview Heights Second Addition, according to the recorded plat, together with a temporary construction easement for all necessary ingress and egress and the placing of all necessary tools and equipment over the Westerly seven and one-half feet (Wly 7.5 ft,) thereof, and further excepting from said temporary easement all permanent structures, said temporary construction easement to automatically cease and terminate upon the termination of the sewer project or not later than eighteen (18) months from the date hereof. 3. That part of Lot Four (4), Block Nine (S), LaBuena Vista, according to the recorded plat, lying fifteen feet (15 ft.) on each side of the following-described centerline: platted in LaBuena Vista; thence Easterly along the centerline of said Brook Drive to a point of curve to the left having a radius of One Hundred Fourteen and Sixty-six Hundredths (114.66) feet and delta angle of Thirty-eight Degrees, Eight Minutes (38'08'), said point of curve being the actual point of beginning of the centerline to be described; thence Northerly at a deflection angle of One Hundred 3vo Bgrees Nineteen Minutes (102°19') left, a distance of 310 Hundred Seventy- Seven (277) feet, together with a temporary construction easement €or all necessary ingress and egress and the placing of all necessary tools and equipment thirty feet (30 ft.) on each side of the above-described centerline, said temporary construction easement to automatically cease and terminate upon the termination of the sewer project or not later than eighteen (18) months from the date hereof. The Westerly seven and one-half feet (Wly 7.5 ft.) of Lot Eleven (ll), Block . - I Beginning at the centerlines of Woodbine Avenue and Brook Drive as \ I *a - --. .. - - 9/9/57 - a55 -1. . - _.. 4. All that portion of .%he Southwest Quarter of the'Northwest Quarter (SW 1/4 of NW1/4), Section Five (5), Township One Hundred Sixteen (116), Range l"enty- one (21), that lies within the following-described tract of land: A strip of land sixty (60) feet in width, the centerline of which is described as follows: View Road, said point being ninety (90) feet south of and at right angles to the north line of the South Half (S 1/2 of said Section Five (5),_thence West parallel to and ninety (90) feet South of said North line of the South Half ( S 1/2) a distance of One Hundred Seventy-four and two-hundredths (174.02) fegt; thence Southwesterly at a deflection angle of twenty-three degrees (23 ) left, a distance of one hundred sixty-five (1652 feet; thence Southwesterly (SWly) at a deflection angle of ten degrees (10 ) left, a distance of two hundred forty (240) feet; thgnce Soluthwesterly (SWly) at a deflection angle of twenty-three degrees (23 ) left, a distance of two hundred sixty (260) feet; thence Westerly at a deflection angle of fifty- six degrees twenty minutes thirty seconds (56°20'30") right, a distance of Five Hundred Nine and sixty-f ive hundredths (509.65) feet; theace Northwest- erly at a deflection angle of fifty degrees thirty minutes (50 30') right, a distance of two hundred thirty-eight and four-tenths (238.4) feet; thenge Northwesterly at a deflection angle of five degrees fourteen minutes (5 14') left, a distance of two hundred fifteen and twenty-five hundredths (215.25) feet; thencg Northwesterly at a deflection angle of twenty-six degrees thirty minutes (26 30') right, a distance of four hundred eleven and eighty-five hundredths (411,85) feet; thence Ngrthwesterly at a deflection angle of thirty-two degrees ten minutes (32 10;) left, a distance of -four hundred forty-three and eighty-f ive hundredths (443.85) feet; tBence Northwesterly at a deflection angle of two degrees fifteen minutes (2 15') left, a distance of three hundred forty-two and seventy-five hundredths (342.75) feet; thence Norothwesterly at a deflection angle of eighteen degrees thirty minutes (18 30') left, a distance of two hundred fifty-eight and fifteen hundredths (258.15) feet; thence Northwesterly at a deglection angle of thirty-one degrees eighteen minutes thirty seconds (31 18'30") right, a distance of . two hundred forty-six and fifty-five hundredths (246.55) feet; thence Wes$erly at a deflection angle of fifty-five degrees sixteen minutes (55 16') left, a distance of three hundred forty-three and five-thenths (343.5) feet; thence Nortbwesterly at adeflection angle of eighty-one degrees fifty minutes (81 50') right, a distance of one hundred seventy- six and fifteen hundredths (176.15) feet; thenceoNortheasterly at a deflection angle of nineteen degrees thirty-six minutes (19 36') right, a distance of two hundred six and nine-tenths (206.9) feet; thenge Northwesterly at a deflection angle of forty degrees forty-seven minutes (40 47') left, a distance of six hundred thirty and seventy-f ive hundredths (630.75) ofeet; thence Northwesterly at a deflection angle of nine degrees ten minutes (9 10') left, a distance of three hundred thirty nine and f ifty-five hundredths (339.55) feet; thence Northwesterly at aodeflection angle of thirty-two degrees fifty minutes thirty seconds (32 50'30") left, a distance of two hundred three and eighty thirty-two degrees one minute thirty seconds (30 01'30") right, a distance of two hundred eight and three-tenths (208.3) feet; thence Nortbwesterly at a deflection angle of twenty-four degrees seventeen minutes (24 17') right, a distance of two hundred eighty-seven and fifteen hundredths (287.15) feet; thence Northwesterly at a deflection angle of twenty-nine degrees thirteen minutes thirty seconds (29°13'30") left, a distance of four hundred fifty-six and twortenths (456.2) feet, more or less, to the intersection of the center- line of Gleason Road and the North line of Section Six (6), Township One Hundred Sixteen (116) North, Range Twenty-one West. EASEMENT FOR PUBLIC ROAD PURPOSES 1. %at portion of the Northeast Quarter (NE 1/4) of Section Five (5), Tpwnship One Hundred Sixteen (116), Range Twenty-one (21), which lies East of the West line extended North of Ridgeview Drive and which lies South of the North line extended West of West 66th Street, Commencing at'a point on the centerline of Valley I c d hundredths (203.80) feet; thence Northwesterly a& a deflection angle of WHEREAS, ?he efforts of the Village of Edina to obtain such easements from the owners of the above-described property have been unsuccessful; and WHEREAS, The Village is advised and believes that the most feasible location for said sanitary sewer and public road easements is across the land above described; and easements, it has become necessary to procure title to such land by right of eminent domain. NOW, THEREFORE, BE IT RESOLVED That the Village of Edina proceed to procure easements in the property above described under its right of eminent domain, and that the Village Attorney be instructed and directed to file the necessary complaint therefor and to prosecute such action to a successful con- clusion or until it is abandoned, dismissed or terminated by the Village or by the Court;that the Village Attorney, the lvIayor and the Clerk do all things necessary to be done in the commencement, prosecution and successful termin- ation of such action. Motion for adoption of Resolution was seconded by Fr four ayes and no nays, as follows: Dickson, aye; Bredese o u ion wa adopted. ATEs T :Gm/Ff, ?mk%).4.~ 28 1 a ae C1 er k WHEREAS, By reason of the failure of the Village to obtain such I -. . I .- a 91915.7, Tupa moved for payment of the following Claims, as per Pre-List dated September 23: 1' General Fund ----- $ 9,685.07 Liquor Fund ----- $3 , 356 . 21 Sewer Rental 14,381 .dl Park & Park Const. 1,892.23 Improvement Funds 1,976.95 Const. Fund 68 ,094 e31 Water Fund 2,917.07 Poor Fund TOTAL 146.11 $102,448 . 96 AUTHORIZATION GIVEN FOR REDUCTION OF AD VALOREM TAXES PAYABIE IN 1958 FOR BONDS AND INTEREST. Mr. Dalen reported that there are sufficient funds on had in the respective Sinking Funds to reduce Ad Valorem Tax Levies for payment of'bonds and interest for the 1952 Improvement Fund, First Series, from $11,700 to $11,200, and Sanitary Sewer Improvement No. 53 Fund, from $24,000 to $16,000, for payment in 1958. by the Council to effect this reduction, and Tupa offered the following Resolution and moved its adoption: He requested that action be taken RESOLUTION AD VAZOREW TAX LEVIES FOR 1952 FIRST SERIES IMPROVEMENT FUND AND COLLECTIBLE WI'M 1957 GENERAL PROPERTY SANfTARY SEVER IMPROVELENT NO. 53 FUND, TAXES WHEREAS, the Village Council of the Village of Edina has, by Reso- lution adopted October 13, 1952, levied a special ad valorem tax for the pay- ment of principal and interest of its 1952 First Series Improvement Fund; said ad valorem tax in the amount of $11,700.00 being collectible with and as a part of other general taxes for the year 1957; and WHEREAS, the Village Council of the Village of Edina has, by Reso- lution adopted March 2, 1953, levied a special ad valorem tax for the payment of principal and interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in the amount of $24,000.00 being collecfible with and as a part of other general taxes for the year 1957; and said levies providing moneys are on hand for payment of principal and interest for said bond issues in an amount equal to the reduction of said levies; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest. Village of Edina that those ad valorem tax levies made by Resolutions of this Council adopted October 13, 1952 and March 2, 1953, and collectible with and as a part of other general property taxes in said Village for the year '1957, be and hereby are, reduced in amounts from $11,700.00 to $11,200.00 and from $24,000.00 to $16,000.00 respectively. Minnesota, be authorized and directed to reduce the above described ad valorem tax levies in taxes to be spread for the year 1957. WEREAS, Minnesota Statutes, Section 475.61, permits the reduction of NOW, THEREFORE, BE IT RESOLVED by the Village Council of the BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, PETITION FOR STORM SEVER IN WMT RIDGE was received and ordered placed on file . REQUEST FOR SANITARY SEER AND WATER IN STOPJ'S '*EDGEMOOR" ADDITION. Stow complained that his consulting engineer, hk. Arleigh Smith could get no information from the Village concerning a lay-out for Sanitary Sewer in Edgemoor. Kinutes of August 12 were read, showing Mr. Stow had been asked by the council to wait until Council has informed him concerning matter of financing the improvements. Mr. Stow maintained that D'Arcy Leck had received no notice of Council policy to require developers to finance; Manager Hyde stating that said notice had definitely been made. explained that, unless improvements are done on a special assessment basis, there is no use in his filing his plat. Inasmuch as the agenda had been fully covered, Mayor Bredese; announced the Developer Ink. Stow No action taken. meeting adjourned, at 12:55 A.bL,